Section 5600 - Duty to Levy and Limitation Upon Assessments


Old Civil Code Section 1367.1(a)(1)-(6)


Changes

Changes Made By Section 5600

(1) A general description of the collection and lien enforcement procedures of (a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the method of calculation of governing documents and this act. (b) An association shall not impose or collect an assessment or fee that exceeds the amount , a statement that necessary to defray the owner of the separate interest has the right to inspect the association records, pursuant to Section 8333 of the Corporations Code, and the following statement in 14 - point boldface type, if printed, or in capital letters, if typed: “ IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION. ” (2) An itemized statement of the charges owed by the owner, including items on the statement costs for which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any. (3) A statement that the owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the association levied. (4) The right to request a meeting with the board as provided by paragraph (3) of subdivision (c). (5) The right to dispute the assessment debt by submitting a written request for dispute resolution to the association pursuant to the association's “ meet and confer ” program required in Article 5 (commencing with Section 1363. 810) of Chapter 4. (6) The right to request alternative dispute resolution with a neutral third party pursuant to Article 2 (commencing with Section 1369. 510) of Chapter 7 before the association may initiate foreclosure against the owner's separate interest, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure.